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H1B to H4

Hi,

My girlfriend and I both are on H1B visas right now. We recently converted from F1 to H1B. We are planning to get married soon and my girlfriend is planning to quit her job. What is the procedure to transfer her visa type to H4, what are the documents required, how long does it take, can there be spare period in between?

Thanks,
Andy.

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Attorney answers (1)

Reputation Level 17
Hi Andy,

Once she switches to an H-4, she is not authorized to work. If she holds her job and your company files a labor certification (and the corresponding adjustment application) on your behalf, she would be be included as a derivative and eligible for work authorization.

Before you proceed with this course of action, please contact an immigration attorney. Attorneys who practice immigration law are practicing federal law and therefore you can hire an attorney from anywhere in the country (as long as he/she is licensed).

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